Florida Frye Standard Reaffirmed

-




Florida State Courts Reaffirms Frye Standard for Admissibility of Expert Testimony

In a decision by the Florida Supreme Court in reversing the Fourth District Court of Appeals’ decision in DeLisle v. Crane Co., the Frye standard for admissibility of expert testimony has been reaffirmed in Florida state courts.  The Court stated, “Frye relied on the scientific community to determine reliability whereas Daubert relied on the scientific savvy of trial judges to determine the significance of the methodology used…”  DeLisle v. Crane Co., 2018 Fla. LEXIS 1883, *1.  Historically, the Frye standard was followed in Florida state courts until 2013, when the Daubert standard was implemented and amended into the Florida Rules of Evidence Code.  Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).  The Daubert standard provided for judges’ discretion to determine the reliability of expert testimony through detailed analysis of facts, data, principles, and methods primarily used in expert’s opinion.  While Daubert provided for a greater reliability standard, it also created limitations in meeting causation.  Not to mention, additional time and expense imposed on court trials.  With the Frye standard requiring only a “generally accepted” principle of scientific community to admit expert testimony, it promotes more use in court proceedings.  Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). 
The Frye standard is back in Florida.  When Richard DeLisle developed mesothelioma, a personal injury action ensued against manufactures, cigarettes and suppliers of asbestos-containing devices.  Crane Co. v. DeLisle, 206 So. 3d 94 (Fla. 4th DCA 2016).  At trial, the Circuit Court of Broward County granted judgment on jury verdict in favor of DeLisle after three opinions by expert witnesses were admitted.  On appeal, the Fourth District Court of Appeals found the trial court improperly applied the Daubert standard.  DeLisle appealed to the Florida Supreme Court on the matter of Daubert (Florida Statute 90.702) claiming it unconstitutional.  The Florida Supreme Court found Florida Statute 90.702 was more procedural when amended in 2013.  The Court further stated, as the statute stood, it created a conflict on the courts ability to rule, making the amended statute unconstitutional.

As such, the DeLisle decision has allowed Florida state courts to favor the Frye standard once again, as to evidence admissibility of expert testimony.  However, the Daubert standard will continue to be applied in federal courts.


Visit us:

Follow us:



The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Additionally, the information above is not intended to be legal advice. Please consult with an experienced lawyer if you have a specific issue or dispute.
Office locations: 2400 E. Commercial Boulevard, Suite 400, Fort Lauderdale, FL 33308
2901 Q. Street, NW Suite 2, Washington, D.C. 20007



Comments

Post a Comment

Popular posts from this blog

A SUBCONTRACTOR’S HOSTILE WORK ENVIRONMENT CAN BE A GENERAL CONTRACTOR’S LIABILITY

-
     In December 2013, the Sixth Circuit Court of Appeals held that a general contractor could be liable under Title VII for a hostile work environment claim brought by a subcontractor’s employee under a “joint employer theory.” EEOC v. Skanska USA Building, Inc. , No. 12-5967 (6 th Cir. Dec 10, 2013). In Skanska , the subcontractor’s employees complained directly to the general contractor about the hostile work environment, alleging that they were the subject of racial slurs and epithets including “the n-word” and were subjected to graphic depictions such as a picture of a Caucasian person shooting an African-American posted in the port-a-potty. The alleged offenders were employees of the general contractor, other subcontractors, and third parties. Despite having knowledge of the complaints, the general contractor took no action to remedy the problem, instead directing the subcontractor to fire the complaining employee due to them being a “poor fit.”      Why was the general con
Read more

What is Next If your Employee Tests Positive for COVID-19?

-
Image
  What is Next If your Employee Tests Positive for COVID-19? OSHA ( Occupational Safety and Health Administration ) and the CDC ( Center for Diseases Control ) have published and revised guidelines on how to proceed if an employee shows symptoms or tests positive for COVID-19. I.                    Immediate Response   If an employee shows symptoms or has tested positive with COVID-19, employer should require employee to self-isolate and monitor symptoms as well as consult with his/her doctor immediately. In most situations you do not need to shut down the workplace. However, do close off any areas that could be contaminated or were used for an extended period of time by infected persons. The CDC recommends waiting 24 hours before cleaning and disinfecting to minimize others from being exposed to respiratory droplets. Any member or staff who has a COVID-19 patient in his home must inform his supervisor so that the Employer can take proper safety measures. II.             
Read more

COVID-19 Small Business Administration Programs

-
Image
COVID-19 Small Business Administration Programs To support small businesses during the Coronavirus (COVID-19), the government has adopted various economic relief programs. This article will cover four major programs operated by the Small Business Administration (SBA).   The Paycheck Protection Program (PPP)   The Paycheck Protection Program is designed for people who run small businesses. This is an ambitious program both in volume and conditions. Under this program, approximately $349 billion has been allocated. The small business owners who are suffering due to the Corona pandemic will be able to recoup a portion of payroll through this program.  Apart from small business establishments, many non-profit organizations will be eligible for this loan. Even tribal businesses are included in the list. This will also be an opportunity for independent contractors and self-employed youths, provided they fulfill all the conditions to get a loan.  This program offers th
Read more